Inc will use reasonable best efforts to prevent any fraudulent use of
Meest-America, Inc service. Meest-America, Inc works diligently to prevent
credit card fraud and cancels any accounts engaged in such activity and returns
the merchandise to the merchant. Meest-America, Inc requires documentation to
ensure against fraud, such as requiring copies of identification and credit
cards. Meest-America’s customers are solely liable for accurately providing all
information required by United States' laws and regulations, including
information on the value or export classification of merchandise, and for
maintaining all records as required under law. Civil or criminal penalties may
be imposed by the U.S. Government for making false or fraudulent statements
with respect to this information.
This service Agreement is a
public agreement between Meest-America
(hereinafter - "the Contractor") with physical or legal person
(hereinafter - the "Customer") that includes all the essential
conditions of the delivery of goods ordered online.
The terms of this Agreement
govern the relationship of the Customer and the Contractor (collectively - the
"Parties"). The part, not regulated by this Agreement, will be
governed by U.S.
1. Subject of the Agreement.
1.1. The Contractor
undertakes to organize and carry out the packaging and delivery of the goods to
the Customer, acquired by the Customer on his own at the internet shops and
auctions in the U.S. and delivered
to Meest-America’s address. The Customer
shall pay for services rendered to him here-under.
1.2. The date of the
agreement and the time of full and unquestioned acceptance of the terms of the
Agreement is the fact of registration at www.my.meest.us.
2. Ordering information and
2.1. To place the shipping order with the Contractor the Customer must register in my.meest.us
program. When purchasing goods the Customer must address them to the warehouse
of the Contractor, specifying in the address of the recipient (ship to :)
6-digit personal account number (client id), which he receives after
registration in my.meest.us program.
2.2. To generate the order for export to the country of destination, the
Customer should read the instructions posted on HELP page on my.meest.us site. Please, read the
rules of delivery of goods from U.S.
online stores and auctions.
2.3. After the Customer
creates the shipment order, the Contractor provides packaging of goods necessary
for international transport and sends the Customer an invoice for payment of shipping services to the specified address.
2.4. By signing this
Agreement the Customer confirms that he is familiar with the list of goods banned
for export as well as customs restrictions of the country of origin at the
Contractors site www.meest.us, page COMPLIANCE
3. Additional services and
3.1. The Contractor shall
provide free use of his address to specify as the delivery address in the USA.
provides additional services such described on this page:
4. The rights and
obligations of the parties.
4.1. Contractor is obliged
- The terms of this
- To carry out the orders
of the Customer in the manner prescribed by this Agreement.
4.2. The Contractor has the
- Unilaterally suspend the
provision of services under this Agreement in the event of a breach of this
Agreement by the Customer.
4.3. The Customer shall:
- Make timely payments for his orders under the
terms of this Agreement;
- More information on the
provision of services by the Contractor is posted on the website of the
- See a list of items
prohibited for export or must be accompanied by the export license issued by
the U.S. State Department. The list is provided on the Contractor's site
www.meest.us, on COMPLIANCE page.
4.4. Customer has the right
- Require the Contractor to
adequately provide services under this Agreement
5. Responsibility of the parties.
5.1. Parties are
responsible for failure or improper performance under this Agreement in the
manner provided in this Agreement and according to the U.S. law.
5.2. The Contractor could
not be held financially responsible for the goods delivered to his address
without Customer’s name on the box, Customers ID (account number) or without tracking number of the courier service
in the United States
registered in the Customer’s account.
5.3. Contractor shall not
be responsible for the quality and quantity of the goods.
5.4. In the case of force
majeure, the parties are released from the conditions of this Agreement. Under
force majeure, refer to the events of an
extraordinary, inevitable and unpredictable nature which exclude or hinder the
implementation of the objective of the Agreement, the occurrence of which the
Parties could not foresee and prevent reasonable measures.
7. Other conditions.
7.1. The Contractor
reserves the right to unilaterally amend this Agreement with prior publication
on his site
7.2. Customer gives the
Contractor the right to process their personal data, including personal data
placed in the database of the Contractor (without further notice to the
Customer) to implement permanent storage of data, its storage, update.
8. Term of the Agreement
and the procedure for termination
8.1. This Agreement shall
come into force from the date of acceptance by the Customer and shall be valid
until fulfillment of obligations by the parties, except for his early
8.2. Either party may
terminate this Agreement unilaterally in case of failure of one of the Parties
to perform under the terms of this Agreement and under the terms of the U.S. law.
CONDITIONS OF CARRIAGE
Receipt and Freight
RECEIVED at the point of origin on
the date specified, from the Sender, the Goods described on the face hereof
(the “Goods“), condition and/or contents of same unknown, marked, consigned and
destined as indicated on the face hereof, which MEEST CORPORATION INC. and its
agents (the “Carrier”) agrees to carry to the destination, subject to the rates
and classification in effect on the date of shipment. The Carrier does not warrant that the Goods
are free of damage at the time this Contract of carriage is entered into
between the parties. Freight charges are prepaid.
Limitation of Liability
(I) ALL LIABILITY LIMITED TO $60.00
Liability of the Carrier for any
loss of the Goods or contents shall not exceed Sixty Dollars ($60.00 ) plus the whole of the
amount paid for shipping in the event of full loss of Goods, no amount for
shipping to be repaid in the event of a partial loss, and notwithstanding that
the loss or damage may be caused or contributed to by the negligence of the
Carrier or its agents. Limitation of liability of the Carrier shall be
applicable from the making of this contract of carriage until the Goods are
delivered to the Consignee at the destination or to a postal service or
(II) CARRIER NOT LIABLE UNDER CERTAIN
The Carrier shall not be liable for
loss of the Goods caused by or attributable to an act of God, Queen's or public
enemies, authority of law, quarantine, riot, strikes whether partial or
general, perils of the sea or navigation of a ship, act or default of the
Sender, inherent defect in the Goods, or any conditions beyond the control of
the Carrier, including but not limited to:
(a) nuclear reaction or radioactive
(b) extreme weather conditions, including
but not limited to floods, snow falls, slippery roads, or any other event
beyond the control of the Carrier impeding the passage of transport;
(c) changes in the laws or regulations of
the country of destination, including but not limited to the closing of roads
in the country of destination;
(d) improper, incorrect or incomplete
addresses as set out by the Sender;
Consignee having moved or for any reason no longer residing or by reason of
being absent for any reason from the address provided by the Sender; or
(f) the Goods being seized, detained,
confiscated, appropriated, or the delivery of the Goods being delayed by
governmental agencies in countries through which the Goods are transported up
to and including their ultimate destination as per the consignment..
The Carrier under no circumstances
shall be liable for any material damage for any reason claimed to be a result
of the failure by the Carrier for any reason to deliver in timely fashion
and/or full or partial loss of the Goods, except as specifically provided for
(III) DELIVERY DATE ESTIMATES
Sender acknowledges that dates of
delivery are estimates only and are provided without warranty or guarantee. The
Carrier shall not be liable for any special, consequential or other damages to
any party caused by any delay in delivery of the Goods under any circumstances.
The Carrier shall not be liable for any damages claimed by or any payment of
compensation of any nature to the Sender in the event of any delay in delivery
of the Goods.
(IV) CARRIER NOT LIABLE FOR PROHIBITED
GOODS/SENDER WARRANTY AND INDEMNITY
The Carrier shall not be liable for
any loss by any party of any items that may be prohibited or contraband of any
kind, for any reason, in the country of destination or any country through
which the Goods may pass including, without limiting the generality of the
foregoing, negotiable instruments, cash, precious metals, stones and jewellery,
and any other objects that may by determination of the regulatory officials of
said country or countries to be in the nature of luxury objects. The Sender acknowledges that the Goods will
be subject to inspection by customs and other government agencies and the
Carrier shall not be liable for any loss or damage of any kind to or in respect
of the Goods as a result of or relating to dealings by agencies of any kind
whether proper or improper. The Sender acknowledges that customs and similar
inspections may result in delays to delivery. The Sender acknowledges that it
is prohibited and unlawful to include in the Goods being shipped any arms,
controlled substances, explosives or explosive substances, flammables or any
other similar objects that might damage the shipment. The Sender warrants and
guarantees that the Goods contain no such items. In the event the Goods contain
such items, the Sender admits liability and shall be solely responsible for and
shall indemnify the Carrier against all claims, damages, charges or suits made
or brought in relation thereto.
(V) SENDER’S OBLIGATIONS
The Sender acknowledges having
confirmed with the Carrier that it is the Sender’s obligation:
establish the applicable customs rules of the country of destination to
determine whether the Goods are duty-free;
(b) to establish a time frame for delivery
of the Goods to the country of destination and in particular deliveries during
Christmas and Easter seasons; and
pay all duties and taxes relating to the Goods and the carriage thereof, and to
this end Sender acknowledges that duties and taxes are applied by the country
of destination of the Goods.
(VI) INSURANCE - IMPORTANT! PLEASE READ AND
SIGN ON FRONT OF FORM
The amount of ANY FULL OR
PARTIAL LOSS for which the Carrier may
be liable SHALL NOT EXCEED SIXTY DOLLARS ($60.00) unless the Sender PURCHASES
ADDITIONAL INSURANCE from the Carrier.
ADDITIONAL INSURANCE is available
from the Carrier at the rate of $3.00 per $100.00 value or part thereof, over
the first $60.00 value. Such additional insurance covers LOSS, full or partial,
for which the Carrier may be liable TO A MAXIMUM OF:
HUNDRED DOLLARS ($100.00) where home delivery is unavailable and
packages are sent by postal service or equivalent.
EIGHT HUNDRED DOLLARS ($800.00)
where home delivery is available,
IN THE EVENT OF FULL LOSS THE WHOLE OF THE AMOUNT PAID FOR SHIPPING.
IN NO EVENT SHALL LIABILITY OF THE
CARRIER FOR FULL LOSS EXCEED THE INSURED AMOUNT PLUS THE WHOLE AMOUNT PAID FOR
SHIPPING. The calculation of loss for partial loss shall be based on the weight
of the lost Goods and will be calculated proportionally to and not exceeding
the insured amount In the event of any
dispute as to value of the Goods the Sender shall produce a store receipt
confirming the cost of the Goods, otherwise the evaluation of the carrier shall
Notice of Claim and Claims Procedure
The Carrier shall not be liable for
the loss of the Goods unless the Sender or Consignee reports the loss to the
Carrier. Notice of any claim must be given in writing within fourteen (14) days
from the estimated delivery date to the Carrier by registered mail or personal
delivery to the Carrier at 97 SIX POINT RD., TORONTO, ON, M8Z 2X3, CANADA
or to 641 Dowd Avenue,
Elizabeth, 07201. Claims may also be sent via e-mail to email@example.com. All claim
notifications must include:
The Carrier shall
be discharged from all liability for loss arising out of this contract of
carriage unless the Sender or Consignee commences legal suit by issue of an
originating process in the appropriate jurisdiction against the Carrier within
sixty (60) days of the delivery of the
Goods, or within four (4) months of the estimated delivery date in the event of
non-delivery. Failure to commence such legal suit by originating process within
that time period shall operate as a complete waiver of such suit and a release
of any and all claim against the Carrier.
Invalidity and Severability
The terms of this Contract of
Carriage shall be separable, and if any provision or any part of any provision
be held by any court of competent jurisdiction to be invalid or unenforceable,
the holding shall not affect the validity or enforceability of any other
provisions or part in this/ Contract of Carriage.
CONDITION FIVE -
Limitation of Liability of Servants or Agents
It is agreed that no agent of the
Carrier (including any independent contractor employed by the Carrier) shall in
any circumstances be under any liability to the Sender, Consignee or owner of
the Goods or to any holder of this Contract of Carriage for any loss, damage or
delay of any kind resulting directly or indirectly from any act, neglect or
default on the Carrier's part while acting in the course of or in connection
with his employment and without prejudice to the generality of the provisions
of this paragraph, every condition contained and every right, exemption from
liability, defense and immunity of any nature applicable to the Carrier or to
which the Carrier is entitled shall also be available and shall extend to
protect any agent of the Carrier acting as mentioned and for the purpose of all
provisions of this paragraph the Carrier is or shall be deemed to be acting
agent or trustee on behalf of and for the benefit of all persons who are or
might be his servants or agents from time to time (including independent contractors)
and all those persons shall to this extent be or be deemed to be parties to the
contract in or evidenced by this Contract of carriage.
SIX - Modification of Contract of
The Carrier reserves the right to
substitute alternate modes of transportation for that selected by the Sender on
the front of this Contract of Carriage. Any exercise by the Carrier of this
right shall in no way affect the maximum liability of the Carrier aforesaid.
This Contract of Carriage constitutes the entire contract between the Carrier
and the Sender. NO AGENT OR
REPRESENTATIVE OF THE CARRIER HAS AUTHORITY TO ALTER, MODIFY OR WAIVE ANY
PROVISION OF THIS CONTRACT.
This contract shall be interpreted
and governed by the laws of the State of New Jersey
or the Province